RUSSELL v. STATE

No. CR 86-13.

704 S.W.2d 161 (1986)

288 Ark. 255

Noah Wayne RUSSELL, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

February 24, 1986.


Attorney(s) appearing for the Case

Sandra T. Berry, Little Rock, for appellant.

Steve Clark, Att'y. Gen. by Joel O. Huggins, Asst. Att'y. Gen., Little Rock, for appellee.


GEORGE ROSE SMITH, Justice.

The appellant was charged with theft by receiving, was found guilty by Special Judge Laster sitting without a jury, and was sentenced to three years' imprisonment. The one argument for reversal is that the trial judge was in error in taking into account Russell's failure to testify in reaching the conclusion that Russell was guilty. The Court of Appeals transferred the case to us.

The State key witness was Mark Goodrum, but Judge...

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